LA v BORNAIS

Tenant wins · Windsor · 2025-12-10

Adjudicator

Alicia Johnson

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

P.A.L.

Tenant

S.B.

Landlord rep

Phat Anh La

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference with the reasonable enjoyment or lawful rights of the Landlord or other tenants. The Tenant did not attend the hearing. The application was ultimately dismissed due to a procedural defect in the notice of termination served by the Landlord.

The ruling

The Landlord's application for eviction based on substantial interference was dismissed. The LTB found that the Landlord's N5 notice was legally defective because it set the termination date on the same day it was served, failing to provide the Tenant with the statutory 20-day notice period and the 7-day period to remedy the issues.